IP Federation Brexit policy position – protection for EU trade marks

22 February 2017

The IP Federation policy position on protection for EU trade marks following United Kingdom withdrawal from the European Union is as follws:

  • The IP Federation favours certainty, ensuring that all accrued and pending intellectual property rights are preserved in the UK post-Brexit and that the outcome ensures robust, UK equivalent rights.
  • Although it would be complex to achieve legally and politically, remaining part of the EUTM system would be ideal for brand owners and so the viability of this option will be monitored closely.
  • If this is not available, the Montenegro option (automatic transfer of EUTMs on to the UK register, maintaining original priority dates) is the unilateral option that comes closest to satisfying the above tenets as well as being the most practical and efficient to implement for all parties concerned.
  • We consider that it would also be beneficial to provide an opportunity for EUTM owners to opt out of the otherwise automatic transfer of rights on to the UK register, to reduce cluttering.

For full details, click HERE.

To see all our policy papers, click HERE.